NZ Metro TC 21 June 2024 – R1 – Warren Rich

BACKGROUND:

Following the running of Race 1, NZ Amateur Drivers Championship (Heat 2) Mobile Pace, Advanced Amateur Driver, Warren Raymond Rich, denied a charge that, as the Driver of BEAUDIENE QUICK STEP in the race, he half-carted for a distance passing the 1400 metres.

Rule 869 provides:

(5) A driver shall trail with his horse’s head behind the seat of the sulky being trailed.

EVIDENCE:

Mr Renault showed video replays of the relevant part of the Race – from about the 1400 metres to the 1200 metres. BEAUDIENE QUICK STEP, driven by the Respondent was racing in the parked position as the field turned into the straight. Mr Renault alleged that, from that point, the Respondent raced in 3rd position, trailing the wheel of the trailing runner, AVENGER (Andrew Sharpe). This left trailing runners in “no man’s land”, not knowing whether the Respondent was going to drop down to the markers or stay in the one-out line, he said.

The Respondent had allowed his runner to race on the wheel of the runner in front for approximately 200 metres, neither in the one-out line nor on the markers, Mr Renault alleged.  His runner may have been hanging, but the Respondent was not making any effort to shift down. He was sitting quietly in the sulky, and looking around. From the 1200 metres, he had shifted down to the markers to race 3-back, Mr Renault said. It was a clear-cut case of not trailing with his horse’s head behind the seat of the runner in front.

The Respondent said that his horse had been “running out”. He was holding onto the left rein and the horse’s head was on an angle, turned in, trying to keep it in. It was always his intention to stay on the markers on the trailing runner’s back, and he had no intention of half-carting, he said.

DECISION:

The charge was found proved.

REASONS FOR DECISION:

The Rule requires the Respondent to trail with his horse’s head behind the seat of the sulky being trailed. The Respondent was racing three places back after turning into the straight with 1400 metres to run. From that point, for the next 200 metres, his runner trailed the outside sulky wheel of the runner that was trailing the leader. The problems that was causing for trailing runners was evident from the video replay.

The Adjudicative Committee accepts that the Respondent’s horse was hanging. However, it is not accepted that he took sufficient steps to prevent that. It would have been open to him to shift out rather than continue to half-cart or make a greater effort to go down to the markers. It appeared that he was content to remain there, keeping his options open to shift down to the markers or shift out. That is “half-carting”.

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Respondent has had 5 drives this season and, last season had a total of 10 drives. He has a clear record under the Rule. The Penalty Guide provides a starting point for penalty of a $200 fine. It was an aggravating factor that the breach had resulted in confusion to trailing runners. Mr Renault conceded that the horse had been hanging and this could be considered a mitigating factor. He submitted that a fine of $200 would be an appropriate penalty.

The Respondent said that he would prefer a suspension. Mr Renault said that, in that case, Stewards would be seeking a 2-day suspension.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (February 2023) suggests a starting point for penalty of a $200 fine. The Respondent has asked that he be suspended rather than fined. Mr Renault submitted that the term of suspension should be 2 days. The Respondent said that he was happy to accept that term of suspension rather than a fine of $200.

CONCLUSION:

Advanced Amateur Driver, Warren Rich, is suspended for 1 month (2 days) commencing after racing on 23 June 2024 up to and including 23 July 2024.